Earlier, the appeals court, by a majority of two votes to one, ordered the judge to close the case, referring to the relevant decision of the Ministry of justice. However, Judge Emmet Sullivan, who has threatened Flynn with prison more than once in the past, is asking an expanded panel of the appeals court to review this decision.
“The decision threatens to turn legal processes upside down. It is up to the district court to consider and decide on existing petitions, even those that look simple. The (appeals) court, if asked, reviews these decisions, not anticipates them,” the motion filed by judge Sullivan’s lawyers said.
Earlier, the US Department of Justice cleared Flynn of making false statements to the FBI and asked the court to close the case. Judge Emmett Sullivan declined to do so and appointed an independent expert to evaluate the case. He recommended that the matter not be settled, but that Flynn is sentenced for a crime to which he had already confessed earlier. The expert also suggested punishing Flynn for lying to the court, as he first admitted to the crime, and then tried to withdraw the confession.